The divested assets by some of the IOC’s included but limited to
Shell’s Oil Minning Lease (OML) 29 and Nembe Creek Trunk acquired by
Aiteo for $2.7 billion,Conocophillips acquired by Oando Energy Resources
for $1.7 billion, Chevron’s OML 52,53 and 55 acquired by Britannia-U
for $1,015,000,000.00.Though Chevron’s OML 52,53 and 55 is still a
subject of litigation between Britannia-U and Seplat.
Some of these assets were acquired through a marginal field programme
designed by the government to boost the participation of indigenous
companies in the country’s oil and gas sector. The timing of the
programme also coincided with IOC’s divestment of their interests in
onshore acreages.
Most of the fields offered under this scheme are mainly onshore and
on the shelf. Many of the operators that won the bids in the last
marginal field bid round in 2004 are still grappling with various
challenges in bringing the fields into production, while the expected
upswing in developing local capacity has not necessarily materialised in
all cases.
Unfortunately,the Department of Petroleum Resources (DPR)- the
regulator which supervised the sale of the bidded fields,has failed to
ensure that they are brought to production or at the best withdraw the
licenses given to the winners.
Recall that about 115, barrels of crude oil per day, estimated at
$6.9 million,was shut-in last year June, as Nigerian Petroleum
Development Company (NPDC) workers, an arm of the Nigerian National
Petroleum Corporation (NNPC), went on strike over the operatorship of
one of the Shell divested assets located in oil mining lease (OML) 42,
transferred to the private sector joint venture partner of NPDC –
Neconde Energy Limited.
The workers further protested in subsequent months of 2015, to halt
further transfer of operatorship of about five more divested blocks by
the Federal Government.
Already private sector investors that bought Shell assets and are in
Joint Venture with NPDC decried the attitude of the striking workers
because production is shut-in and they were losing money. Besides, the
JV partners said because NPDC operates the oil blocks, the assets are
hugely under-produced resulting in substantial loss or revenue.
The indigenous private sector JV partners of NPDC are Neconde Energy
Limited for oil mining lease (OML 42), Elcrest Exploration and
Production Nigeria Limited for (OML 40), Shoreline Natural Resources
Limited (OML 30), ND Western Limited (OML 34) and First Hydrocarbon
Nigeria FHN/ Afren (OML 26).
Commenting on the inability of some of these assets to come on stream
years after acquisition, Director, Centre for Petroleum Economics,
University of Ibadan, Prof Adeola Adenikinju, said a lot of factors
could have been responsible for this.
He listed bureaucratic bottleneck, funding, Petroleum Industry Bill
and operatorship rights as well as capacity issues as some of the
challenges confronting the smooth take-off of some of the assets.
He explained that, the Federal Government represented by the Nigerian
National Petroleum Corporation (NNPC) holds the largest stake of 55
percent in all the Joint Venture operations(JV),and as such, would want
to be the operator in most cases, leading to a disagreement between it
and buyer of the asset.
This, he said, had led to several disagreements between it and its
new partners, adding that, most of the time, the new owners of the stake
would want to be the operator, believing that, it could manage such
assets better.
On the other hand, he said government bureaucratic posture, most time
contribute to the delay in the take-off of projects and production,
stating that, for very asset sold by an old JV partner, the Minister and
other JV partners must sign off such projects, before ownership is
transferred to the new entrant.
Also, he said, the Petroleum Industry Bill(PIB) which is yet to
become a law is a stumbling block to the wheel of progress for the
country’s oil and gas sector, saying no financial institution, would be
willing to stake it’s resources in an atmosphere of uncertainty.
Adenikinju equally argued that the local firms in most cases lack the
financial muscle to carry with exploration in these fields because they
don’t have what it takes to secure foreign funding, which is an edge
that the IOCs have over them.
Corroborating the position of Adenikinju, President, Nigeria
Liquefied Petroleum Gas Association (NLPGA),Mr. Dayo Adeshina, said the
time it takes to sign off deals in the oil and gas sector remained a
challenge to stakeholders.
Citing the case of Oando in the Conocophillips acquisition Aiteo ,
Adeshina said, it took almost two years before the deal was finally
signed off by the then Minister, saying, that was even done towards the
tail end of the last administration.
He said sourcing manpower is equally another challenge that makes the
took off of fields to drag longer than necessary, he equally cited the
case of Aiteo as an example in this instance, explaining that for a
player in the downstream sector to transit upstream are different
ballgames.
‘‘Hiring expertise is not cheap, especially in exploration. You know
Aiteo was initially a trading company transiting into exploration. So
they will need to look for the right expertise, and this takes time,’’he
said.
On oil price, both Adenikinju and Adeshina, submitted that, most of
the acquired fields, especially those operated by marginal field
operators, will remain idle for sometime because it may not be
profitable for them to go into production at this time.
Adeshina projected a timeline of two years, before some of these
fields would commence exploration activities, adding that some of them
may not be able to expand the initial production capacity they met on
ground prior to acquisition.
On operatorship, he differed with the don, saying by law NNPC as the
majority stakeholder in all the JV operations has the right to
operatorship, advising that, NNPC should live room to superior argument
to carry the day.
He maintained that, there was nothing bad if a minority shareholder
in a JV operation has the right expertise, then it could go ahead to
operate the field.
The NLPGA President insisted that, the challenge was more of funding
constraints than operatorship rights, giving kudos to NNPC for securing
$1.2billion alternative funding model for 36 oil wells under the NNPC/
Chevron JV and challenging it to come up with more of such models for
its JV operations, in order to ease funding constraints.
The gas expert called on NNPC to give its upstream arm, Nigerian
Petroleum Development Company (NPDC) full autonomy to run its
activities, so that it could quick investment decisions on its own,
rather than waiting on Abuja, which is saddled with a lot of
bureaucratic bottlenecks.
Sunday, 31 January 2016
Operatorship rights, capacity challenges stall take-off of $15bn divested assets
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